The Software License And Service Agreement is a crucial document used when organizations need to formalize the provision and use of software solutions and related services in Indonesia. This agreement is particularly relevant in the context of Indonesia's growing digital economy and must comply with specific local regulations, including Law No. 11 of 2008 on Electronic Information and Transactions and related data protection regulations. The document provides a comprehensive framework covering software licensing rights, service level commitments, data protection obligations, and operational requirements. It is essential for both domestic and international software providers operating in Indonesia, as it addresses both the technical and legal aspects of software deployment while ensuring compliance with Indonesian law and regulations regarding electronic systems and transactions.
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1. Parties: Identification of the licensor/service provider and licensee/customer, including their legal status and registered addresses
2. Background: Context of the agreement, brief description of the software and services, and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement, including technical terms specific to the software and services
4. License Grant: Scope of software license, usage rights, restrictions, and terms of access
5. Services: Description of services to be provided, including implementation, maintenance, and support
6. Fees and Payment: License fees, service charges, payment terms, and billing procedures
7. Term and Termination: Duration of the agreement, renewal terms, and termination rights and procedures
8. Intellectual Property Rights: Ownership of IP, protection of rights, and restrictions on use
9. Confidentiality: Protection and handling of confidential information from both parties
10. Data Protection and Privacy: Compliance with Indonesian data protection laws, data handling procedures, and privacy obligations
11. Warranties and Disclaimers: Software and service warranties, performance guarantees, and limitation of warranties
12. Limitation of Liability: Caps on liability, exclusions, and indemnification provisions
13. Force Majeure: Events excusing performance and procedures for handling force majeure situations
14. General Provisions: Standard clauses including notices, assignment, governing law, and dispute resolution
1. Source Code Escrow: Terms for source code escrow arrangements, used when the customer requires access to source code under specific conditions
2. Professional Services: Additional consulting or professional services terms, included when specific implementation or customization services are required
3. Export Control: Export compliance provisions, included when the software may be subject to international trade restrictions
4. Disaster Recovery: Disaster recovery and business continuity procedures, important for critical software systems
5. Third-Party Software: Terms relating to third-party software components, needed when the solution includes third-party elements
6. Change Control: Procedures for managing changes to services or software, important for complex implementations
7. Security Requirements: Specific security obligations and standards, crucial for software handling sensitive data
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. Service Level Agreement (SLA): Performance metrics, service levels, and related penalties/remedies
3. Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
4. Support Services: Detailed description of support services, including response times and escalation procedures
5. Data Processing Agreement: Specific terms for personal data processing in compliance with Indonesian regulations
6. Acceptable Use Policy: Rules and restrictions regarding the use of the software and services
7. Implementation Plan: Timeline and milestones for software implementation and service activation
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Retail
Education
Government
Telecommunications
E-commerce
Professional Services
Banking
Insurance
Logistics
Entertainment
Media
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Operations
Digital Transformation
Vendor Management
Software Development
Contract Administration
Project Management
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Legal Counsel
Procurement Manager
Information Security Officer
Compliance Officer
Contract Manager
Project Manager
System Administrator
IT Operations Manager
Risk Manager
Chief Information Officer
Vendor Management Officer
Digital Transformation Manager
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